LD 1764
pg. 5
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LR 2623
Item 1

 
Sec. A-9. 34-A MRSA §3032, sub-§5-A, ¶B-1 is enacted to read:

 
B-1.__A prisoner or juvenile who is discharged from the
facility remains liable for any restitution authorized under
this chapter.__If the prisoner or juvenile is returned to
the custody of the department, any facility in which the
prisoner or juvenile resides shall collect the restitution
and ensure that it is used to defray the costs as set out in
this chapter.

 
Sec. A-10. 34-A MRSA §3805, sub-§2, as amended by PL 1999, c. 583, §31
and PL 2001, c. 354, §3, is further amended to read:

 
2. Limitations. A person may not be detained at or committed
to the facility who is blind or who is a proper subject for any
residential if that person is more appropriately a subject for
intensive temporary out-of-home treatment services or for in-home
treatment services provided by or through the Department of
Behavioral and Developmental Services as agreed upon by the
commissioner and the Commissioner of Behavioral and Developmental
Services or their designees.

 
Sec. A-11. 34-A MRSA §3809-A, sub-§3, as amended by PL 2003, c. 410,
§15, is further amended to read:

 
3. Psychiatric hospitalization. The commissioner has all the
power over a juvenile client or juvenile detainee that a guardian
has over a ward and that a parent has over a child with regard to
necessary psychiatric hospitalization, including hospitalization
in a nonstate mental health institution or hospital for the
mentally ill. If a juvenile client or juvenile detainee is or
becomes 18 years of age while still under commitment or while
still detained, the statutory guardianship of the commissioner
over the juvenile client or juvenile detainee terminates, but the
juvenile client or juvenile detainee remains subject to the
control of the commissioner and staff and rules of the facility
until the expiration of the period of commitment or until release
or discharge from the facility. Nothing in this subsection may
be construed to override the requirement to make application for
psychiatric hospitalization in accordance with Title 34-B,
section 3863, unless hospitalization is made with the juvenile
client's or juvenile detainee's consent in accordance with Title
34-B, section 3831. The commissioner may make application for
necessary psychiatric hospitalization of a juvenile detainee,
including hospitalization in a nonstate mental health institution
or hospital for the mentally ill, in accordance with Title 34-B,
section 3863.


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